Landlord Question and Answer Forum

I have one lease with 4 people on the lease. The tenants moved out and two of the tenants did not pay rent for the last 2 months and 1 did not pay rent for the last month. I have not returned the deposit of the one tenant who did pay his rent for the entire lease period. Am I obligated to return the deposit of the one tenant who did pay the full rent or can that deposit go toward the non-payment of the other renters? There were no individual leases, just one lease for all 4 people? I have held the deposit in the hopes that this guy will bug his friends until they pay their share, but it doesn't look like that is going to happen. I guess my question is: when one person fulfills their part of the lease, do I have the legal ability to hold this when others on the same lease did not meet their obligation? This person is threatening to take the matter to small claims court using the following Ohio statement: "When the tenant gives the landlord an address to send the security deposit, and has given proper notice to end the rental agreement, the security deposit must be sent within 30 days or the tenant may sue for twice the amount the landlord has kept and reasonable attorney's fees. Suits for under $1,000 may be brought in Small Claims Court without an attorney."

You don't have to give him back his portion of the deposit; you signed a single lease with a single deposit and they collectively did not live up to their end of the contract, therefore you keep the deposit to cover your damages.

Posted by Gregory T, CA on Friday, January 28, 2011